REQUEST FOR PROPOSAL FOR THE

CONSTRUCTION AND OPERATION OF THE

APPOQUINIMINK NATATORIUM
(aka THE SHARK TANK)

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OVERVIEW
The Appoquinimink School District ("District") hereby requests proposals from
interested persons to ground lease certain property (the Property, as shown on the attached
exhibit _) at its Fairview Campus on Old State Road for 99 years at $1/year and to construct and
operate an indoor swimming pool facility (the Natatorium) on such Property.
The District will conduct an optional pre-submission meeting for all interested persons on
________________, 2016 at __:__ _.m. at ________________________. All questions
concerning this Request For Proposal should be submitted in writing either before, during, or
after said meeting and will be answered by the District in writing. No oral statements made by
the District concerning this Request for Proposal shall be binding upon the District.
______________________ will handle questions concerning submissions and procedures on
behalf of the District and may be reached by email or written letter at: ___________________.
District reserves the right to reject any and all proposals and/or to amend this request at any time
prior to the submission of bids. All submissions become property of the District.

Responses must be received by _____ P.M. on _________________

RESPOND TO:
______________________________

SECTION 1. INSPECTIONS AND DUE DILIGENCE

1.1.
Inspection of Property. The Property may be inspected during normal business
hours from 9:00 a.m. to 4:00 p.m. local time, on the following pre-determined dates:
__________________ and through advanced appointment with ______________. No soil
samples or other tests of any kind, including environmental test or sampling, shall be conducted
without a prior written request and written approval.
1.2.
Property Specific Due Diligence Information. Certain plans and other physical
and environmental information about the Property is available upon written request and upon
execution of the attached Confidentiality Agreement.
SECTION 2. SUMMARY OF REQUEST
2.1.
Form. The proposals shall be submitted in the format contained in Section 3 of
this Request for Proposals. Any questions concerning the format should be addressed to
_________________.

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2.2.
Lease Terms. The general form of ground lease to be executed between the
District and the successful proposer shall be the form attached as Exhibit __ (the Ground
Lease).
2.3.
Deposit. All proposals to lease the Property shall in addition to the submission of
the other requirements contained in Section 3 herein submit in a separate sealed envelope a
cashier's or certified check in an amount equal to $50,000. Said envelope shall clearly state on
its face "Lease Deposit." In the event the proposer is not selected to lease the Property, the
cashier's or certified check deposit shall be returned to the proposer. However, if the proposer is
selected to lease the Property, an additional $50,000 deposit shall be paid upon execution of the
Ground Lease, which deposits shall be held to secure the successful proposers compliance with
all terms and conditions of the Ground Lease and/or forfeited as liquidated damages in the event
the Proposer fails to execute the Ground Lease within 30 days of being notified that Proposers
proposal has been accepted by District.
SECTION 3. FORMAT OF PROPOSAL
The Proposer(s) shall submit three (3) copies of the Proposal. The Proposal shall include the
following and provide a table of contents indicating where the required information is located in
the submission package:
3.1.

Name, address, phone, fax or purchaser or entity.

3.2.

Additional information regarding the purchaser to include:

3.2.1. Location, size and description of the firm.

3.2.2. Form of Business entity (corporation, partnership, joint venture, LLC, etc.)
dated formed, and state of incorporation (if applicable).
3.2.3. Real estate ownership, management and development expertise.
3.2.4. Management, ownership and business experience in constructing,
operating and managing pool facilities.
3.2.5. Contact information, including names, title, and telephone numbers.
3.2.6. Two credit references.
3.3.

Detailed proposed terms, including the following:

3.3.1. A general description of the proposed natatorium to be constructed,

including approximate square footage of the facility to be constructed, the size and depth of the
pool(s), the amount of spectator seating, the number and size of locker rooms, the size of
administrative offices, and the number of parking spaces provided for the facility. A detailed site
plan is not required, but a plan of sketch of the proposed facility may be provided as part of the
response. A detailed floor plan of the proposed facility is not required, but a floorplan or sketch
may be provided.

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NOTE because revised land development plan approval will be needed from
New Castle County for the natatorium in the proposed location on Exhibit __, the
District recognizes that there may be some delay in the start of construction while
the District and the successful proposer go through the County review process.
Landmark Engineering, the civil engineering firm that originally obtained the land
development plan approval from New Castle County shall be used to obtain the
new required approval. The successful proposer shall be responsible for all costs
associated with obtaining such land use approvals, including the costs charge by
Landmark and the County, as well as the posting of any bonds; provided,
however, that upon recordation of the final land development plan for the
natatorium, the District shall reimburse the successful proposer $25,000 towards
the cost of such approvals.
3.3.2. General construction outline for construction of the natatorium, including
estimated timetable, and estimated costs. The plan should include all calculations supporting the
estimate of cost. Detailed construction drawings need not be provided with the proposal, but the
construction outline should include as part of its timeline the timeframe for the development of
the construction drawings and an estimate for start of construction and construction time. The
actual building and site plan shall be subject to the Districts reasonable approval before
construction.
3.3.3. Business plan for the proposed operation of the natatorium, which will
include use of the natatorium by the Districts high school swim teams and the holding of swim
meets by the Districts high school teams. Use of the natatorium by the District during the
calendar year swim team season (including any post-regular season meets) shall be at no charge
to the District.
3.3.4. Finance plan for the construction and operation of the natatorium,
including amount of construction cost to be financed, equity investment, etc.
SECTION 4. RATING CRITERIA
4.1.
The below listed rating criteria will be weighted according to the order of
significance to the proposal:
1.
2.
3.
4.

Size and quality of proposed natatorium and related improvements;

Experience and reputation related to ability to perform;
Capacity to meet requirements of proposal (size, financial resources, etc.);
Demonstrated ability as to similar proposals.

SECTION 5. CONTRACTING PROCESS

5.1.
Based upon the criteria established by this Request for Proposal as discussed
above, District shall rank, in order of preference, the applicants deemed to be qualified to lease
the Property. Beginning with the qualified firm designated first on a preference list, District may
(but need not) negotiate for the lease of the Property. Should District elect to do so, but be unable
to enter into the ground lease the qualified person or firm designated to be first on the preference

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list, upon terms the District determines to be fair and reasonable, negotiations with that person or
firm may be formally terminated and District may then undertake negotiations with the second
qualified firm on the preference list. Failing accord with the second, qualified person or firm,
negotiations may be formally terminated and District may enter into negotiations with the
remaining persons or entities on the list in preferential order. Notwithstanding the foregoing, any
qualified person or firm may be rejected by District, if, in the opinion of District or its delegated
representative, it is not in the interest of District to lease the Property to such person or firm and,
in addition, District reserves the right to refuse to negotiate with any and all qualified persons or
firms, or to abandon the request for proposals if in the judgment of District it's best interest will
be promoted thereby. The successful applicant may not assign any rights hereunder or under the
any executed lease without the consent of District.
SECTION 6. DISCLAIMER
6.1.
District reserves the right to reject any and all proposals, for any reason and/or for
no reason and/or to accept a proposal, though it may not be the highest ranked proposal. All
submissions become property of District.
SECTION 7. SETTLEMENT
7.1.
Execution of the ground lease shall be held within thirty (30) days of the
notification to the successful proposer that its response has been accepted.
SECTION 8. PROPERTY BEING OFFERED "AS-IS"
8.1.
Proposers are responsible for performing their own due diligence. The Property is
being leased in an "as-is, where-is" condition.

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